LAWS AFFECTING THE PRACTICE OF NURSING /MIDWIFERY …



LAWS AFFECTING THE PRACTICE OF NURSING / MIDWIFERY IN THE PHILIPPINES

(Dean MARLOU L. GANDIA, RN, RM, MGM, MHA, MAN, CEMT)

A. PRESIDENTIAL DECREES

1. PD 48 – four (4) children with paid maternity leave privilege

2. PD 69 – four (4) children for personal tax exemption

3. PD 79 – Revised the Population Act; Defines the objectives, duties and functions of POPCOM

4. PD 223 – Creation of Professional Regulation Commission (PRC) in 1973

5. PD 442 – New Labor code

6. PD 491 – Nutrition program

7. PD 541 – Former Filipino professionals allowed to practice their respective professions in the Philippines

8. PD 568 – Role of Public health midwives expanded under the RHCDS; Restructuring of the Philippine Health Care Delivery System; Deployment of midwives to improve rural situation (1 PHMid = 5,000 pop.; 1 PHNurse = 10,000 pop; 1 RHPhysician = 20,000 pop)

9. PD 603 – Child and Youth Welfare Code

10. PD 628 – Employee Compensation & State Insurance Fund

11. PD 651 – Birth registration following delivery (all health workers shall identify and encourage the registration of all births within 30 days following delivery)

12. PD 825 – Anti- improper garbage disposal (provides penalty for improper disposal of garbage)

13. PD 851 – 13th month pay

14. PD 856 – Code of Sanitation – provides for the control of all factors in man’s environment that affect health including the quality of water, food, milk, control of insects, animal carriers, transmitters of diseases, sanitary and recreation facilities, noise, pollution, unpleasant odors and control of nuisance.

15. PD 965 – Family Planning and responsible parenthood instructions prior to issuance of marriage license

16. PD 996 September 16, 1976 – Compulsory immunization for all children below eight (8) years old against six (6) immunizable diseases

17. PD 1063 – Muslim Holidays

18. PD 1204 – Amends PD # 79

B. ADMINISTRATIVE ORDERS

1. A.O. No. 114 s. 1991 – Revised/updated the roles and functions of the Municipal Health Officers, Public Health Nurses and Rural Health Midwives

C. Department of Health – DEPARTMENT / MINISTRY CIRCULARS

1. Dept. Circular Order No. 75 – Reinstitution of Tetanus Toxoid among Pregnant Women

2. Min. Circ. No. 2 s. 1986 – Includes AIDS as a notifiable disease

D. EXECUTIVE ORDERS

1. EO 51 – Milk Code

2. EO 85 – Integration of Public Health and Hospital Services

3. EO 119 – Reorganization of Department of Health

4. EO 180 – Guidelines on the right to organize of government employees

5. EO 203 – List of regular holidays & special days

6. EO 209– Family Code of the Philippines (amended by RA 6609)

7. EO 226 - Command Responsibility

8. EO 503 – Provides for the Rule and Regulation Implementing the Transfer of Personnel Assets, Liabilities and Records of National Government

E. HOUSE BILLS

1. HB # 16 – Two-Child Policy

2. HB # 3773 – Responsible Parenthood and Population Movement Act

F. BOARD OF MIDWIFERY / NURSING RESOLUTIONS

1. BOM # 557 Series 1988 – Code of Ethics

2. BON # 100 Series 1993 – Implementing Rules & Regulations of RA 7392

3. BON # 633 Series 1964 – ICN Code of ethics

4. BON # 1955 Series 1989 – PNA Code of Ethics

5. BON # 08 Series 1994 – Special Training on intravenous injections for the R.N.

6. BON # 20 Series 1994 – Implementing Rules & Regulations of RA 7164

7. BON # 110 Series 1994 – Guide to Evaluate Compliance with Standards for Safe Nursing Practice

G. PRESIDENTIAL PROCLAMATIONS / PRONOUNCEMENTS

1. Proc. # 4 – Philippine Measles Elimination Campaign – Declaring the period of September 16 – October 14, 1998 as the “Ligtas Tigdas Month”

2. Proc. # 6 April 3, 1986 – United Nations - Universal Goal on Child Immunization by 1990

3. Proc. # 46 September 16, 1992 – Reaffirming the commitment of the Philippines to the Universal Child and Mother Immunization Goal of the World Health Assembly

4. Proc. # 118 – Professional regulation Week – June 16-22

5. Proc. # 539 - Nurse week – every last week of October

6. Proc. # 1275 - Midwifery week – every third week of October

7. Proc. # 147 March 3, 1993 – Declares April 21 and May 19, 1993 and every 3rd Wednesday of January and February and thereafter for 2 years as National Immunization Days

8. Proc. # 773 March 28, 1996 – Every 3rd Wednesday of April and May as the “Knock-out Polio Day”

9. Proc. # 1064 August 27, 1997 – Enjoining all sectors of society to participate in the Acute Flaccid Paralysis (AFP) surveillance component of polio eradication campaign

10. Proc. # 1066 – Declaring a National Neonatal Tetanus Elimination Campaign starting 1997

H. LETTERS OF INSTRUCTIONS

1. LOI # 149 October 19, 1979 - Adoption of Primary Health Care; Legal basis of primary health care

2. LOI #1000 – Members of accredited professional organizations given preference in hiring or attendance to seminars

3. ILO convention #149- Improvement of life and work conditions of nursing personnel (ILO Recommendation # 157)

I. REPUBLIC ACTS

1. RA 491 - Nutrition Law (July month)

2. RA 611 – MediCare – an employee becomes automatically a member; “Public office is a public trust”

3. RA. 1054 – Free emergency medical & dental attendance to employees/laborers of any commercial; industrial or agricultural establishments

4. RA. 1080 – Civil Service eligibility for all degrees with licensure examinations

5. RA. 1082 – Creation of 1st Rural Health Act in 1953 - The employment of more physicians, dentists, nurses, midwives and sanitary inspectors who will live in the rural areas where they are assigned to help raise the health condition of the barrio people and thus help abate the still high incidence of preventable diseases in the country. It created the first 81 Rural Health Units.

6. RA. 1136 – Tuberculosis Law (August Month)

7. RA. 1612 – Privilege Tax / Professional Tax

8. RA. 1891 – Strengthening Health and Dental services in the rural areas and providing funds thereto; amended RA 1082

9. RA. 2382 – Philippine Medical Act

10. RA. 3573 – Reporting communicable Disease (all communicable diseases should be reported to the nearest health station and that any person maybe inoculated, administered or injected)

11. RA. 4073 – Liberalized the treatment of Leprosy - Except where the patient requires institutional treatment, no persons afflicted with leprosy shall be confined in a leprosarium. The shall be treated in a government skin clinic, rural health unit or by a duly licensed physician (February – as Leprosy Month).

12. RA. 4226 – Hospital licensure

13. RA. 5181 – Permanent residence & reciprocity qualifications for examinations/ registration

14. RA. 5901 – Working hours & compensation in agencies with 100 bed capacity

15. RA. 6365 – Established a National Policy on Population and Created the Commission of Population

16. RA. 6425 – Dangerous Drug Act – the sale, administration, delivery, distribution and transportation of prohibited drugs is punished by law.

17. RA. 6675 – Generics Act of 1988 – this promotes, requires and ensures the production of an adequate supply, distribution, use an acceptance of drugs and medicines identified by their generic names.

18. RA. 6713 – Code of Conduct and Ethical Standards for Public Officials and Employees. This Code upholds a time-honored principle that public office is a public trust. It the policy of the state to promote high standards of ethics in public office of public officials and employees shall at all times be accountable to the people and shall discharge their duties with utmost responsibility, integrity, competence and loyalty, act with patriotism and justice, lead model lives and modest living and uphold public interest over personal interest.

19. RA. 6715 – Senior Citizen Center for every Barangay

20. RA. 6725 – Prohibition on discrimination vs. women

21. RA. 6727 – Wage Rationalization

22. RA. 6758 – Salary Standardization of Government employees that includes nurses

23. RA. 6972 – Day Care Center in every Barangay

24. RA. 7160 – Local Government/Autonomy Code (the devolution of powers, functions and responsibility to the local government units)

25. RA. 7170 – Legacy of donation of all or part of a human body after death

26. RA. 7192 – Women in development & Nation Building

27. RA. 7277 – Magna Carta for Disabled persons

28. RA. 7305 – Magna Carta for Public Health workers – this Act aims to promote and improve the socio-economic well-being of health workers, their living and working conditions and terms of employment; to developed their skills and capabilities in order that they will be more responsive and better equipped to deliver health project and programs; and to encourage those with proper qualifications and excellent abilities to join and remain in government service.

29. RA. 7432 – Senior Citizen Benefits & Privileges

30. RA. 7600 – Rooming –In and Breast feeding Act of 1992

31. RA. 7610 – Anti-Child Abuse Law (Special Protection of Children against Child abuse, Exploitation & Discrimination)

32. RA. 7641 – New Retirement Law of employees in the Private Sector

33. RA. 7719 – National Blood Service Act of 1994

34. RA. 7846 – Requires compulsory immunization against Hepatitis B among infants and below 8 years old

35. RA. 7875 – National Health Insurance Act of 1995

36. RA. 7876 – Senior Citizen Center for Every Barangay

37. RA. 7877 – Anti- sexual harassment Act of 1995

38. RA. 7883 – Barangay Health workers Benefits & Incentives Act of 1992

39. RA. 8042 – Migrant workers & Overseas Filipinos Act of 1992

40. RA. 8172 – Asin Law / Iodize Salt Law

41. RA. 8187 – Maternity Leave Act of 1995

42. RA. 8282 – Social Security Law of 1997 (amended RA 1101)

43. RA. 8291 – Government Service Insurance System Act of 1997 (amended PD 1146)

44. RA. 8344 – Hospitals/ doctors to treat emergency cases referred for treatment

45. RA. 8353 – Anti-Rape Law

46. RA. 8423 – Traditional and Alternative Medicine Act of 1997 (“Gamot na Mabisa sa Abot Kayang Halaga”)

47. RA. 8424 – Personal Tax Exemptions

48. RA. 8479 – Clean Air Act

49. RA. 8504 – Philippine AIDS Prevention and Control Act of 1998

50. RA. 8972 – Nationwide Iodination Law

51. RA. 8976 – Food Fortification Act

52. RA. 8981 – PRC Modernization Act of 2000

53. RA. 9173 – The Nursing Act of 2002

54. RA. 9211 – No Smoking Act

55. RA. 9257 – Expanded Senior Citizen Act of 2003

56. RA. 9262 - Domestic Violence Act

J. SALIENT ASPECTS IN THE 1987 CONSITUTION OF THE PHILIPPINES

1. Article II – Declaration of Principles & State Policies

Sector 11 – Human Dignity and right

12 – Sanctity of family, equal protection of the life of the mother and the unborn from conception

13 – Role of the youth in nation building

15 – Right to health

16 – Right to a balanced & healthy ecology

2. Article III – Bill of Rights

Section 1 – Equal protection of laws & the due Process of Law

3 – Privacy of Communication and Correspondence

8 – Formation of unions, associations or societies

12 – To remain silent 6 have counsel when under investigation

14 – The accused person is presumed innocent until the contrary is proved

3. Article IV – Citizenship

Sector 3 – Philippine citizenship may be lost or re-acquired in the manner provide by law.

4. Article XIII – Social Justice & Human Rights

Sector 3 – Right of all workers to self- organization, collective bargaining and negotiations and peaceful concerted activities.

11 – Priority for the needs of the under- privileged, sick, elderly, disabled, woman and children.

13 – Special agency for disabled persons

14 – Protection of working women

5. Article XV – The Family

Sector 1 – Filipino family as the foundation of the nation

2 – Marriage, as an inviolable social institution, is the foundation of the family

4 – The family has the duty to care for its elderly members

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